Buda, TX Divorce Law Firms & Lawyers

Annulment is available only in very limited circumstances.  Since you have a child together, you will need to file for divorce instead. Annulment is available only when one of the following is true: 1. The husband or wife are under age 18; 2 The person requesting annulment was under the influence of drugs or alcohol at the time of the marriage and when he or she sobered up he or she did not live with the spouse; 3.  Either party was permanently impotent and the other party didn't know that  at the time of the marriage and then, once learning of the impotency, the parties did not live together; 4. The other spouse used fraud or duress or force to induce the spouse to enter into marriage and then the parties did not live together after the duress ended or they learned of the fraud; 5.  Concealed divorce ( a prior marriage ended within thirty days prior to this marriage), but must sue for annulment within one year of the marriage; OR 6. Marriage occurred less than 72 hours after the license was issued if you sue for annulment within thirty days of the marriage. The laws for annulment in Texas are found in Sections 6.102  - 6.110 of the Texas Family Code.    

If you live in Texas, you can file for divorce where you live and attempt to have your husband served at the correctional facility where he lives. If this doesn't work, you will need to ask the Court for permission to serve him by alternative means (by posting notice at the courthouse or in the newspaper). You would do well to hire an attorney to help you because your husband is incarcerated and may be difficult to obtain personal service on. You're welcome to contact my office for a phone consultation to discuss your case.

Alimony is based on criteria that have nothing to do with who left who. If you meet the other criteria, you being the party who left the family residence would have no bearing.